Common use of Train Operator performance Clause in Contracts

Train Operator performance. 4.1 The performance minutes allocated to the Train Operator in respect of any Third Party User (the "TO Performance Minutes") shall be calculated as follows: 𝑇𝑂 𝑃𝑒𝑟𝑓𝑜𝑟𝑚𝑎𝑛𝑐𝑒 𝑀𝑖𝑛𝑢𝑡𝑒𝑠 = (𝐴 + 𝐵) + (𝐶 + 𝐷) where: A = the total number of Minutes Delay in respect of all Triggers by each train operated by that Third Party User caused by one or more Service Incidents for which the Train Operator is allocated responsibility under paragraphs 2.6(a) and 6.4; and B = 50% of the total number of Minutes Delay in respect of all Triggers by each train operated by that Third Party User caused by one or more Service Incidents for which the Train Operator is allocated joint responsibility with Network Rail under paragraph 6.5; C = the Third Party User Cancellation Minutes in respect of each Third Party Train Cancellation due to a Service Incident for which the Train Operator is allocated sole responsibility under paragraphs 2.6(a) and 6.4, provided that there shall be disregarded any Minutes Delay caused as a result of such Service Incident occurring after the time at which the train of the Third Party User arrives at the point on or off the Network where it subsequently becomes a Third Party Train Cancellation; and

Train Operator performance. 4.1 The performance minutes allocated to the Train Operator in respect of any Third Party User (the "TO Performance Minutes") shall be calculated as follows: 𝑇𝑂 𝑃𝑒𝑟𝑓𝑜𝑟𝑚𝑎𝑛𝑐𝑒 𝑀𝑖𝑛𝑢𝑡𝑒𝑠 = (𝐴 + 𝐵) + (𝐶 + 𝐷) where: A = the total number of Minutes Delay in respect of all Triggers by each train operated by that Third Party User caused by one or more Service Incidents for which the Train Operator is allocated responsibility under paragraphs 2.6(a) and 6.4; and B = 50% of the total number of Minutes Delay in respect of all Triggers by each train operated by that Third Party User caused by one or more Service Incidents for which the Train Operator is allocated joint responsibthe CVL IM ility with Network Rail under paragraph 6.5; C = the Third Party User Cancellation Minutes in respect of each Third Party Train Cancellation due to a Service Incident for which the Train Operator is allocated sole responsibility under paragraphs 2.6(a) and 6.4, provided that there shall be disregarded any Minutes Delay caused as a result of such Service Incident occurring after the time at which the train of the Third Party User arrives at the poinCVL t on or off the Network where it subsequently becomes a Third Party Train Cancellation; and